This presentation goes over what debt collectors can and can't do when it comes to contacting debtors as laid out under the Fair Debt Collection Practices Act. Also included in this presentation is information on how to deal with debt collectors and how to go about reporting them if they violate your rights.
1. When Debt Collectors Call Consumer Affairs Branch Fairfax County Department of Cable and Consumer Services fairfaxcounty.gov/consumer
2. A debt collector is any person, other than the creditor, who collects debts owed to others. May contact you if you fall behind in paying your bills or if an error is made on your account. fairfaxcounty.gov/consumer DEBT COLLECTORS
3. Household Family Personal debts automobile medical care charge accounts. fairfaxcounty.gov/consumer What Debts are Covered?
4. Hammer you with phone calls Threaten you with court Use abusive and profane language In the business to make a profit fairfaxcounty.gov/consumer DEBT COLLECTORS
5. Regulates: debt collection companies collection attorneys Does not regulate the creditor fairfaxcounty.gov/consumer Fair Debt Collection Practices Act
6. Must identify themselves to you on the phone. Must stop contacting you if you ask them to do so in writing. fairfaxcounty.gov/consumer What Must Debt Collectors Do?
7. Contact you In person By mail Telephone Telegram Fax Contact you between 8 a.m. - 9 p.m. Contact you at work only if they know your employer approves. fairfaxcounty.gov/consumer What Can Debt Collectors Do?
8. Contact other people to find out where you live, your phone number, and where you work. Cannot call a third party more than once, unless in special circumstances. fairfaxcounty.gov/consumer What Can Debt Collectors Do?
9. Harass, oppress, or abuse you or a third party they contact. May not lie when collecting debts. May not falsely imply that you have committed a crime. fairfaxcounty.gov/consumer What Can’t Debt Collectors Do?
10. Tell anyone other than you or your attorney that you owe money. Indicate that papers being sent to you are not legal forms when they are. fairfaxcounty.gov/consumer What Debt Collectors Can’t Do?
11. Within five days after they contact you, the collector must: Send you a written notice of the amount of money you owe. Identify the creditor to whom you owe money. Explain what you can do it you do not owe the money. fairfaxcounty.gov/consumer What Must Debt Collectors Do?
12. If you send a letter within thirty days of receiving the notice stating you do not owe money, the collector may not contact you. If the collector sends proof of the debt, such as a copy of the bill, they can renew collection activities. fairfaxcounty.gov/consumer What Must Debt Collectors Do?
13. SEND A LETTER Once the collector receives your letter, they may not contact you again except: To say there will be no further contact. Notify you that the debt collector or creditor intends to take other specific action. Sending a letter does not make the debt go away if you owe it. If you owe the debt, you can be sued by the debt collector or the original creditor. fairfaxcounty.gov/consumer How to Deal with Debt Collectors
14. KEEP RECORDS File all collection letters and keep detailed notes of each call. Make sure you get the person's name who is calling each time. fairfaxcounty.gov/consumer How to Deal with Debt Collectors
15. You may sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney's fees can be recovered. fairfaxcounty.gov/consumer Violations of the FDCPA
16. Contact the Fairfax County Consumer Affairs Branch for more information: 12000 Government Center Parkway, Suite 433 Fairfax, Virginia 22035 703-222-8435 TTY 711 www.fairfaxcounty.gov/consumer consumer@fairfaxcounty.gov fairfaxcounty.gov/consumer Contact Consumer Affairs